Through Russian Snows (6 page)

"I deny that I used those words."

"Well, sir, that is a question of pure credibility. It is possible that
I may be in a position to prove to the satisfaction of the bench that
you did use them, and many others of an equally offensive character. Mr.
Wyatt naturally resented such language, which you had no more right to
address to him than you would have to address to me. If a magistrate
forgets his position, and abuses a prisoner in the language of a
fish-fag, he must expect to be answered in the same way by anyone of
spirit. You say that, thereupon, he became abusive and used murderous
threats? Now we should like to hear a little more about this. First of
all, let us hear the abuse, will you? Tell the court, if you please,
Mr. Faulkner, what were the abusive expressions," he added.

"He said, sir, that I was a disgrace to the bench."

There was a general laugh in the court, which was instantly repressed.
Mr. Faulkner's eyes ran furiously over the crowded benches.

"I must ask you to look at me, Mr. Faulkner," the solicitor said mildly.
"Well, he said that you were a disgrace to the bench. That is scarcely,
perhaps, as much a matter of abuse as one of private opinion. What did
he say next?"

"He said I was a curse to the whole neighbourhood."

"Again a mere matter of opinion."

"And after that that I was a sneaking, meddlesome, interfering old fox."

There was again a buzz of laughter, mingled with exclamations of "So you
are," "He wasn't far wrong;" upon which Colonel Chalmers directed the
constable to turn all the offending parties out of court. Some fishermen
nearest to the door were hustled out.

"Well, I am afraid that I must admit," Mr. Probert said, "that to call
you a meddlesome old fox was abusive, although nothing like so abusive
as to call a man a loafing young scoundrel. Now as to the threats."

"He said that I would be brought home one of these days with a bullet in
my body."

"That is purely a matter of prophecy, Mr. Faulkner, and not a threat,
unless he intended you to understand that it was he who would fire the
bullet. Do you mean to tell the court that you had any reason to suppose
that this young gentleman, whose reputation is untarnished, and who has
never had a charge brought against him except the ridiculous one that
has just been dismissed, intended to imply by those words that he
himself had any idea of taking your life?"

"It might bear that construction."

"It might bear any construction in the mind of a man determined to see
everything in the worst possible light. It is a matter of public
notoriety, Mr. Faulkner, that you have received several threatening
letters, and that the active part you have taken against poachers and
smugglers has caused some feeling against you. Do you not think it
likely that when Mr. Wyatt used the words you have repeated he referred
to this circumstance?"

"A magistrate who does his duty must necessarily be unpopular with the
criminal classes."

"Possibly, Mr. Faulkner, though I have known many magistrates who did
their duty and who were by no means unpopular; but you have not answered
my question. Do you not think that in saying what he did Mr. Wyatt
simply alluded to the fact of your well-known unpopularity, and to the
threatening letters that you have received?"

"Possibly he did," Mr. Faulkner admitted reluctantly, "although that was
not my impression at the time."

"Well, then, unless there were further threats, as you call them, I
think we have disposed of the alleged abuse and the alleged murderous
threats. Now we come to the other charge. You thought that he was about
to strike you, and in self-defence gave him a blow. What made you think
that he was going to strike you?"

"He made a step towards me with a threatening gesture."

"Oh, I dare say that he was angry, but a gentleman who has been called a
loafing young scoundrel is somewhat apt to lose his temper. You might
even do so yourself, Mr. Faulkner, if so addressed. Well, then, he made
a step towards you; thereupon you struck him in the face, and judging
from his appearance you struck him pretty hard, and then you say he
caught you up and carried you along. It says a good deal for his
strength that he was able to do so. Now you say he carried you towards
the fire, and would have thrown you upon it had not some of the
coast-guardsmen interfered in time. Now, how do you know that that was
his intention?"

"I firmly believe that it was so."

"It is not a question of belief. You might believe that he was going to
throw you up to the moon. You struggled, I suppose—you would scarcely
submit to be carried like a baby—I imagine that is about the long and
short of it. But even if he had intended to throw you on the fire, which
certainly seems to be merely a matter of your imagination, you can
hardly pretend that had he carried out this intention that it would have
been murder. Surely with a score of your friends standing by, you would
have been hauled out immediately, none the worse except for a few singes
and a burn or two. This was not a burning fiery furnace, Mr. Faulkner,
but merely a bit of a bonfire from a few sticks that had been set on
fire in order to throw a little light on the proceedings."

"I might have been very seriously burnt."

"Well, even supposing that you had been, that is not a question of
murder. I presume that you framed this indictment you have charged the
prisoner, not with an intention of committing grievous damage upon you,
but with murder, and if you now admit that, under the circumstances,
death could hardly have resulted by any possibility from this imaginary
intention of throwing you on the fire being carried out, it is clear
that the charge of murder must drop through. I have no further questions
to ask you, though I may have some remarks to make after having heard
your witnesses."

IN A FRESH SCRAPE

The first witness called by Mr. Faulkner was Captain Downes.

"Will you tell us what you know about this affair?" the chairman said.

"After having captured the smuggler, I took six men and went up to see
if I could be of any assistance to Mr. Moorsby, and also to hear whether
he had been as successful with his capture as I had. I found that
everything was over, and that a fire had been lighted. I was talking to
Mr. Moorsby when my attention was excited by loud words between Mr.
Faulkner and Mr. Wyatt, with whom I am acquainted. Mr. Faulkner struck
him in the face, and there was a scuffle, the prisoner lifting the
magistrate, although a much heavier man, completely off his feet. In the
course of the scuffle they approached the fire, and being afraid that
they might fall into it, I ran up with Mr. Moorsby and some of the men,
and pulled them away."

"Did it seem to you, Captain Downes, that the prisoner was carrying Mr.
Faulkner straight to the fire?"

"He was certainly going straight in that direction, but whether
intentionally or not I am unable to say."

"Do you think that if you and your men had not interfered they would
have fallen into the fire?"

"I think they would certainly have done so."

"Do you think that the prisoner intended to throw Mr. Faulkner into the
fire?"

"That I cannot say."

"Have you any questions to ask the witness, Mr. Faulkner?" the chairman
asked.

"You do not think it likely, I suppose, that the prisoner could have
intended himself to tumble into the fire?"

"I should think it very unlikely."

Mr. Faulkner sat down, and Mr. Probert rose.

"You think it very unlikely, Captain Downes, that Mr. Wyatt would
deliberately have walked into the fire, and I quite share your opinion;
but it has not yet been proved that he was deliberately going towards
the fire at all. You say he lifted Mr. Faulkner in his arms. Now it
seems to me that, having done so, he would not be able to see at all
which way he was going, as Mr. Wyatt's eyes would both be on a level
with Mr. Faulkner's chest; moreover, it must be evident that, judging
from his present appearance, he could scarcely have seen anything at
all, after receiving such a blow. Does it not strike you as being still
more likely that, partially blinded as he was, and being unwilling to
strike the magistrate in return, however much the latter had forfeited
all claim to respect, he closed with him, and in the heat of passion
lifted him up and carried him along at random?"

"I think that very likely," the lieutenant replied.

"Had you yourself been struck as the prisoner was struck, Captain
Downes, what course do you think it would have been proper for you to
pursue?"

"I don't know what would have been proper, but I know what I should have
done. Magistrate or no magistrate, I should have knocked my assailant
down, or at any rate I should have tried to."

"As a naval man, Captain Downes, you have had some experience of the
conduct gentlemen generally observe to their prisoners. I presume that
it is not their custom to strike them, even if they did make a somewhat
free use of their tongues?"

"Certainly not," Captain Downes said emphatically.

"Would you go so far as to say that you would consider it to be a
disgraceful and cowardly act?"

"I should so consider it."

There was again a murmur of applause in court, which was instantly
arrested when Mr. Probert held up his hand deprecatingly. "Thank you,
Captain Downes," he went on. "Now we come to the question of the quarrel
that gave rise to this affair. Mr. Faulkner has not thought fit to ask
you any questions about it. Were you standing close enough to hear what
passed?"

"I was standing close by, and both Mr. Faulkner and the prisoner spoke
loudly enough to be heard at such a distance."

"The magistrate first began the conversation?"

"He did."

"He used very strong language, did he not?"

"Very strong."

"Did you think that he was justified in using such strong language?"

"Certainly not; I thought that it was most improper."

"And do you think that a gentleman accosted so improperly is to be
greatly blamed if he uses strong language in return?"

"It would no doubt have been better if he had held his tongue at the
time, and have called him to account afterwards."

"Still the provocation was very strong, Captain Downes, and you could
not altogether blame him."

"I did not blame him at all," the witness said curtly.

"And what did you think when Mr. Faulkner suddenly struck his prisoner
in the face?"

"Am I to answer that question?" the witness asked the bench.

"I do not think that it is an improper question," the chairman replied.

"Very well, sir. Then, if I must say it, I thought it was one of the
most blackguardly and cowardly things I ever saw done."

"Thank you, Captain Downes. I do not think it necessary to ask you any
further questions."

"Have you any more witnesses to call, Mr. Faulkner?" the chairman asked
coldly.

Mr. Faulkner's face was white with rage. "I have a dozen other
witnesses," he said hoarsely, "but I have no doubt they will all follow
the lead their officer has set them. I shall therefore call no more."

"I do not think, your worships," Mr. Probert said, rising, "that it is
necessary for me to address you. I would only submit to you that there
is not a shadow of evidence to support the charge of an attempt to
murder. As to the abusive language, I cannot say that my client's words
were a retort courteous, but they were only a retort natural, and were
simply the consequence of the extraordinary conduct of Mr. Faulkner,
acting at the time in his capacity of magistrate. As to the charge of
threatening language, it is altogether absurd. My client simply asserted
what is true by common report—that Mr. Faulkner had been threatened,
and that it was possible that those threats might some day or other be
carried into effect. I have only, therefore, to leave the case in the
hands of your worships."

The two magistrates put their heads together for a short time. Then the
chairman said: "The bench is of opinion that the charge of attempted
murder is altogether without foundation, and that of abusive language
and the use of threats should never have been brought, seeing that they
were the result of what we cannot but consider the very ill-judged and
improper conduct of the plaintiff. You are therefore discharged, Mr.
Wyatt; but my colleague and myself cannot but again express a hope that
this and the preceding charge may prove a lesson to you to avoid taking
part, even as a spectator, in such breeches of the law as those which
led to this very regrettable occurrence."

As the magistrate concluded, a roar of applause rose in the court. In
vain the constables shouted for silence. The chairman at once ordered
the room to be cleared, and at the same time motioned to Julian not to
leave the court, as he was preparing to do. When the court was cleared,
he called Julian up to him.

"I think, Mr. Wyatt," he said, "it would be as well for you to remain
here for a time, and then go out by the back way. It would be very
unfortunate if any demonstration took place. Enough harm has been done
already; do not let us make it any worse."

"Certainly not, sir. I am heartily sorry for what has occurred," and
beckoning to Frank, who was still seated at the solicitors' table, he
retired with him to a waiting-room.

"Thank goodness, Julian, you have got out of that scrape."

"Thank goodness, indeed, Frank. I behaved like an awful fool, but I
never dreamt that anything like this would come of it. I have been to
see cargoes run several times. It was very good fun. I never helped in
any way, and had always made up my mind that I would make myself scarce
if the revenue people should turn up, but it all happened so suddenly
that I was a prisoner before I knew what was going on. As to the other
affair, no doubt it would have been better for me to have said nothing,
but of course I knew that he had no right to say what he did, and I had
not the least idea that he would hit me; when he did, I went at him in a
fury, and I don't mind acknowledging that I did intend to chuck him in
the fire—not with any idea of killing him, you know, though I did think
he would be burnt a bit."